Excerpt from the book: Ahkām wa Masā'il Kitāb o Sunnat ki Roshni Mein by Shaykh Mubashshir Ahmad Rabbani
Is a divorce issued in a state of intoxication (nasha) valid in Islam? Please explain with reference to the Qur’an and Sunnah.
The Qur’an and Sunnah provide multiple proofs that a statement made while in a state of intoxication (sukr) carries no legal or religious weight, as the person is not aware of what he is saying.
Allah ﷻ says:
﴿يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ لَا تَقْرَبُوا۟ ٱلصَّلَوٰةَ وَأَنتُمْ سُكَـٰرَىٰ حَتَّىٰ تَعْلَمُوا۟ مَا تَقُولُونَ﴾
“O you who believe! Do not approach prayer while you are intoxicated, until you understand what you are saying.”
Surah an-Nisāʾ: 43
This verse clearly shows that an intoxicated person’s speech is not valid, because he does not understand what he is saying.
Sayyidunā ʿAlī ibn Abī Ṭālib رضي الله عنه narrated that:
Once Ḥamzah رضي الله عنه, under the influence of alcohol, slaughtered the camels of ʿAlī رضي الله عنه.
The Prophet ﷺ came and scolded him, but when he saw his state, Ḥamzah said:
"You are nothing but my father’s slave!"
The Prophet ﷺ turned back without taking action, realizing he was intoxicated.
Ṣaḥīḥ al-Bukhārī, Kitāb al-Maghāzī, Bāb Shahūd al-Malāʾikah Badran (1003)
Had someone said such words of disrespect while sane, it could have been considered blasphemy.
But since Ḥamzah رضي الله عنه was drunk, his words carried no legal consequence.
Imām Ibn Abī Shaybah reports from ʿUthmān ibn ʿAffān رضي الله عنه:
"There is no validity to the divorce of a madman or an intoxicated person."
This view is also supported by:
✔ ʿAṭāʾ
✔ Ṭāwūs
✔ Qāsim ibn Muḥammad
✔ ʿUmar ibn ʿAbd al-ʿAzīz رحمهم الله
Imām Ibn al-Qayyim has explained this issue in great depth in his famous work:
Zād al-Maʿād (5/210–214)
Based on the strongest evidence from Qur’an, Sunnah, and the sayings of the Salaf:
A divorce given in a state of intoxication is NOT valid.
Because the intoxicated person does not comprehend his speech or actions.
If a man divorces his wife while drunk, that divorce:
➤ Does not count,
➤ Carries no legal effect,
➤ And should be considered null and void according to the most correct opinion.
❖ Question:
Is a divorce issued in a state of intoxication (nasha) valid in Islam? Please explain with reference to the Qur’an and Sunnah.
❖ Answer:
The Qur’an and Sunnah provide multiple proofs that a statement made while in a state of intoxication (sukr) carries no legal or religious weight, as the person is not aware of what he is saying.
◈ Evidence from the Qur’an
Allah ﷻ says:
﴿يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ لَا تَقْرَبُوا۟ ٱلصَّلَوٰةَ وَأَنتُمْ سُكَـٰرَىٰ حَتَّىٰ تَعْلَمُوا۟ مَا تَقُولُونَ﴾
“O you who believe! Do not approach prayer while you are intoxicated, until you understand what you are saying.”
Surah an-Nisāʾ: 43This verse clearly shows that an intoxicated person’s speech is not valid, because he does not understand what he is saying.
◈ Evidence from the Sunnah
Sayyidunā ʿAlī ibn Abī Ṭālib رضي الله عنه narrated that:
Once Ḥamzah رضي الله عنه, under the influence of alcohol, slaughtered the camels of ʿAlī رضي الله عنه.
The Prophet ﷺ came and scolded him, but when he saw his state, Ḥamzah said:
"You are nothing but my father’s slave!"
The Prophet ﷺ turned back without taking action, realizing he was intoxicated.
Ṣaḥīḥ al-Bukhārī, Kitāb al-Maghāzī, Bāb Shahūd al-Malāʾikah Badran (1003)Had someone said such words of disrespect while sane, it could have been considered blasphemy.
But since Ḥamzah رضي الله عنه was drunk, his words carried no legal consequence.
◈ Statements of the Companions and Scholars
Imām Ibn Abī Shaybah reports from ʿUthmān ibn ʿAffān رضي الله عنه:
"There is no validity to the divorce of a madman or an intoxicated person."
This view is also supported by:
✔ ʿAṭāʾ
✔ Ṭāwūs
✔ Qāsim ibn Muḥammad
✔ ʿUmar ibn ʿAbd al-ʿAzīz رحمهم الله
Imām Ibn al-Qayyim has explained this issue in great depth in his famous work:
Zād al-Maʿād (5/210–214)❖ Preferred View (Rājih Qawl)
Based on the strongest evidence from Qur’an, Sunnah, and the sayings of the Salaf:
A divorce given in a state of intoxication is NOT valid.Because the intoxicated person does not comprehend his speech or actions.
Conclusion:
If a man divorces his wife while drunk, that divorce:➤ Does not count,
➤ Carries no legal effect,
➤ And should be considered null and void according to the most correct opinion.
